The origins of American legal culture.

I often think that American society places too much emphasis on lawyers in this country.  On a daily basis we think along the lines of "I should do this so I don't get sued" or, "If he hits my car I'm taking him to court."  Many of our elected officials were lawyers at some point, and the television guide is overflowing with legal-based shows.

I merely thought this was a trend of the 2nd half of the 1900s and beginning of the 21st, but I came across a bit today from one of my readings that I want to share.

This segment comes from a speech by Edmund Burke, a member of the House of Commons in 1775.  He gave a speech where he argues the need to ease tension with the American colonies, and avoid war.

About midway through he writes:

"In no country perhaps in the world is the law so general a study. The profession itself is numerous and powerful; and in most provinces it takes the lead. The greater number of the deputies sent to the congress were lawyers. But all who read, and most do read, endeavour to obtain some smattering in that science. I have been told by an eminent bookseller, that in no branch of his business, after tracts of popular devotion, were so many books as those on the law exported to the plantations. The colonists have now fallen into the way of printing them for their own use. I hear that they have sold nearly as many of Blackstone's Commentaries in America as in England. General Gage marks out this disposition very particularly in a letter on your table. He states, that all the people in his government are lawyers, or smatterers in law; and that in Boston they have been enabled, by successful chicane, wholly to evade many parts of one of your capital penal constitutions. The smartness of debate will say, that this knowledge ought to teach them more clearly the rights of legislature, their obligations to obedience, and the penalties of rebellion. All this is mighty well. But my honourable and learned friend on the floor, who condescends to mark what I say for animadversion, will disdain that ground. He has heard, as well as I, that when great honours and great emoluments do not win over this knowledge to the service of the state, it is a formidable adversary to government. If the spirit be not tamed and broken by these happy methods, it is stubborn and litigious. Abeunt studia in mores."

He argues that there are six capital sources from where the colonies derive their "fierce spirit of liberty."  Colonial understanding of the law is one of them.  I find it fascinating that the lawlerly culture that I thought was a sign of modern times, is very similar to part of the culture of the Revolution.

Like Burke says, Abeunt studia in mores.  Studies build one's character.


The full text of Burke's speech can be found here:
http://press-pubs.uchicago.edu/founders/documents/v1ch1s2.html